Section 22-709 – Anticipatory Repudiation
(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may: (1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if […]
Section 22-710 – Retraction of Anticipatory Repudiation
(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final. (b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party […]
Section 22-801 – Remedies in General
(a) The remedies provided in this title are cumulative, but a party may not recover more than once for the same loss. (b) Except as otherwise provided in §§ 22-803 and 22-804 of this subtitle, if a party is in breach of contract, whether or not the breach is material, the aggrieved party has the remedies provided […]
Section 22-802 – Cancellation
(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach. (b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause […]
Section 22-803 – Contractual Modification of Remedy
(a) Except as otherwise provided in this section and in § 22-804 of this subtitle: (1) An agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title or a party’s other remedies under this title, such as […]
Section 22-804 – Liquidation of Damages
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of: (1) The loss anticipated at the time of contracting; (2) The actual loss; or (3) The actual or anticipated difficulties of proving loss in the event of breach. (b) If a term liquidating damages is unenforceable under […]
Section 22-601 – Performance of Contract in General
(a) A party shall perform in a manner that conforms to the contract. (b) If an uncured material breach of contract by one party precedes the aggrieved party’s performance, the aggrieved party need not perform except with respect to contractual use terms, but the contractual use terms do not apply to information or copies properly received or […]
Section 22-617 – Notice of Termination
(a) Except as otherwise provided in subsection (b) of this section, a party may not terminate a contract except on the happening of an agreed event, such as the expiration of the stated duration, unless the party gives reasonable notice of termination to the other party. (b) An access contract may be terminated without giving notice. However, […]
Section 22-602 – Licensor’s Obligation to Enable Use
(a) In this section, “enable use” means to grant a contractual right or permission with respect to information or informational rights and to complete the acts, if any, required under the agreement to make the information available to the licensee. (b) A licensor shall enable use by the licensee pursuant to the contract. The following rules apply […]
Section 22-618 – Termination: Enforcement
(a) On termination of a license, a party in possession or control of information, copies, or other materials that are the property of the other party, or are subject to a contractual obligation to be delivered to that party on termination, shall use commercially reasonable efforts to deliver or hold them for disposal on instructions of […]